These Terms of Service govern your use of the DrayagePro TMS mobile application. By downloading, installing, or using the App, you agree to be bound by these Terms.
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
Agreement to Terms
These Terms of Service ("Terms") are a legal agreement between you (an individual or the business entity you represent, "you" or "User") and An App Idea LLC ("An App Idea," "we," "our," or "us") governing your use of the DrayagePro TMS mobile application and any related services (collectively, the "App").
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App. If you are using the App on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.
Description of the App
DrayagePro TMS is a Transportation Management System (TMS) and Warehouse Management System (WMS) application for logistics professionals. The App allows users to manage freight loads, carriers, customers, invoices, warehouse storage orders, and inventory — all stored locally on your device.
License
3.1 Grant of License
Subject to your compliance with these Terms, An App Idea LLC grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, solely for your internal business purposes.
3.2 Restrictions
You may not:
- Copy, modify, distribute, sell, or sublicense the App or any portion of it
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
- Remove, alter, or obscure any proprietary notices (including copyright or trademark notices) within the App
- Use the App for any unlawful purpose or in violation of any applicable law or regulation
- Use the App in any manner that could damage, disable, overburden, or impair its operation
- Attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App
- Create derivative works based on the App
3.3 Reservation of Rights
The App is licensed, not sold. An App Idea LLC retains all right, title, and interest in and to the App, including all intellectual property rights. Nothing in these Terms transfers any ownership rights to you.
Eligibility
The App is intended for business use by adults 18 years of age or older. By using the App, you represent and warrant that:
- You are at least 18 years old
- You have the legal capacity to enter into a binding agreement
- You are not prohibited from using the App under applicable law
- You will use the App only for lawful business purposes
Your Data and Content
5.1 Ownership
All business data you enter into the App (including customer records, carrier information, load details, invoices, and storage orders) remains yours. We do not claim any ownership over your data.
5.2 Local Storage
All data you create within the App is stored exclusively on your device. We do not have access to, and do not transmit or store, your business data on any server or cloud service.
5.3 Your Responsibility
You are solely responsible for:
- The accuracy, completeness, and legality of all data you enter into the App
- Maintaining appropriate backup copies of your data
- Ensuring that your use of data complies with all applicable laws, including data protection laws governing any personal information of customers or business contacts
- Maintaining the security of your device and App credentials
5.4 Data Loss
Because data is stored locally on your device, An App Idea LLC is not responsible for any loss of data resulting from device failure, App uninstallation, device reset, OS updates, or any other cause. We strongly recommend maintaining regular backups through your device's backup system.
Acceptable Use
You agree to use the App only for legitimate business purposes. You will not use the App to:
- Enter false, inaccurate, or misleading business records
- Violate any applicable federal, state, local, or international law or regulation
- Infringe the intellectual property rights of any third party
- Store, transmit, or process data that you do not have authorization to handle
- Engage in any fraudulent activity or facilitate fraud
Updates and Modifications
7.1 App Updates
The App uses Expo's over-the-air (OTA) update technology to deliver software updates. By using the App, you agree to receive these updates, which may be delivered automatically. Updates may change features, fix bugs, or modify App functionality.
7.2 Changes to the App
An App Idea LLC reserves the right to modify, suspend, or discontinue the App (or any feature within the App) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App.
7.3 Changes to These Terms
We may revise these Terms at any time. If we make material changes, we will update the "Last Updated" date and, where appropriate, provide notice through the App. Your continued use of the App after changes take effect constitutes your acceptance of the revised Terms.
Third-Party Services
The App relies on certain third-party services, including:
- Expo (Software, Inc.) / Expo Updates — for over-the-air software updates
- Apple App Store / Google Play — for App distribution and device-level platform services
Your use of any third-party service is subject to that service's own terms and privacy policy. An App Idea LLC is not responsible for the availability, accuracy, or practices of any third-party service.
Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AN APP IDEA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA IN OR ACCESSIBLE THROUGH THE APP
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AN APP IDEA LLC OR THROUGH THE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, REGULATORY, OR LOGISTICS COMPLIANCE ADVICE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT YOUR OPERATIONS COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING FMCSA REGULATIONS, CUSTOMS REQUIREMENTS, AND HAZARDOUS MATERIALS RULES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AN APP IDEA LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS
- DAMAGES ARISING FROM LOSS OF OR CORRUPTION OF DATA
- DAMAGES ARISING FROM BUSINESS INTERRUPTION OR OPERATIONAL DECISIONS MADE IN RELIANCE ON THE APP
WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF AN APP IDEA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AN APP IDEA LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless An App Idea LLC and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the App
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Any data you enter into or generate through the App
- Any claim by a third party related to your business operations as tracked or managed through the App
Termination
An App Idea LLC may terminate or suspend your license to use the App at any time, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the App ceases immediately. Because data is stored locally on your device, App data will remain on your device until you uninstall the App or clear its data.
You may stop using the App at any time by uninstalling it from your device.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
Any dispute arising from or relating to these Terms or the App that cannot be resolved informally shall be subject to binding arbitration administered in Aurora, Colorado under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION.
General Provisions
14.1 Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and An App Idea LLC regarding the App and supersede all prior agreements and understandings.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
14.3 Waiver
Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that or any other provision in the future.
14.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. An App Idea LLC may assign its rights and obligations under these Terms without restriction.
14.5 No Third-Party Beneficiaries
These Terms do not confer any rights or remedies on any third party.
Contact Information
For questions about these Terms of Service, please contact:
An App Idea LLC
Email: hello@anappidea.llc
Website: https://www.anappidea.llc